Abstract

ROJAS-SARMIENTO, María Belén; CHACON-GOMEZ, Nayibe Eloina  and  ALFONSO-GONZALEZ, Iruma. The importance of distinguishing between quota inheritance and universal inheritance in Ecuadorian civil law for equitable succession. Noesis [online]. 2025, vol.7, n.esp2, pp.1185-1200.  Epub Dec 31, 2025. ISSN 2739-0365.  https://doi.org/10.35381/noesisin.v7i2.646.

This article analyzed the inclusion of quota inheritance within the concept of universal inheritance in the Ecuadorian Civil Code, highlighting essential differences that justify its separate regulatory treatment. Although both involve the transfer of assets and rights, quota inheritance involves a division of assets among several heirs, which can lead to administrative complexities. Separating them legally would allow for greater clarity, legal certainty, and conflict prevention. The research used a mixed methodology, with a descriptive approach and the application of inductive-deductive, comparative, and dogmatic-legal methods. It concludes that differentiated regulation for each type of inheritance would facilitate the understanding and application of inheritance rules, promoting a more equitable distribution of assets and strengthening legal certainty in the inheritance process.

Keywords : Herencia; derecho civil; familia; muerte; patrimonio..

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